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2026 DAILYLAW 10027 (UTT)

VINEET KUMAR v. STATE OF UTTARAKHAND

WPSS/1529/2026 · 2026-08-21

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010100702026 2026:UHC:7611 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1529/2026 Vineet Kumar --Petitioner Versus State of Uttarakhand and others --Respondents Hon'ble Manoj Kumar Tiwari, J. Mr. Hemant Singh Dangwal, Advocate, holding brief of Mr. Pradeep Kumar Chauhan, Advocate for the petitioner. 2. Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand. 3. Petitioner participated in a selection for appointment as Assistant Teacher in a Government Primary School. Since he was not selected, therefore, he has approached this Court, seeking the following reliefs:- “a) Issue a writ, order or direction in the nature of certiorari for quashing the select list dated 01-06-2026, issued by respondent no 3. for post of Assistant Teacher (Primary) in District Pithoragarh (Annexure No. 9 to the writ petition) ( pg 37-41) b) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondent/Appointing Authority to consider the candidature of the petitioner for appointment to the post of Assistant Teacher (Primary/Science Group) in Government Primary Schools in District Pithoragarh under the General Category, against the vacancies earmarked for the said category, pursuant to the advertisement dated 07.11.2025 (Annexure No.6 to the writ petition), strictly in accordance with the petitioner's merit pg. 26-30).” UKHC010100702026 2026:UHC:7611 4. Learned State Counsel submits that as per clause (x) (i) of the advertisement, only persons who are permanent resident/domicile of Uttarakhand were eligible to participate in the selection; even though petitioner is having a permanent resident certificate from Sub Divisional Magistrate, Jaspur, Udham Singh Nagar in State of Uttarakhand, however, it was revealed that petitioner has also obtained a permanent resident certificate from Tehsil Dhampur, District Bijnor in State of Uttar Pradesh. Learned State Counsel thus submits that one cannot be permanent resident of two different States and petitioner suppressed this material information in his application form and presented himself to be a domicile of Uttarakhand. He submits that many candidates, who are having permanent resident certificate of some other State, besides State of Uttarakhand were found participating in the selection and the competent authority has taken a decision not to include name of such persons in the select list. 5. In view of the statement made by learned State Counsel, based on instructions, received by him from District UKHC010100702026 2026:UHC:7611 Education Officer (Elementary), Pithoragarh dated 12.06.2026, this Court do not find any reason to interfere in the matter. Every person has to meet the conditions of eligibility, as mentioned in the advertisement. No one can be permanent resident of two different States and this Court finds substance in the submission made by learned State Counsel that petitioner played fraud upon the competent authority in State of Uttarakhand for getting another permanent resident certificate, when he was already having such certificate from competent authority in District Bijnor, State of Uttar Pradesh. 6. Thus, the writ petition fails and is dismissed. Interim order, if any, stands vacated. (Manoj Kumar Tiwari, J.) 21.08.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.08.21 17:57:14 +05'30'